Here Comes Doomsday … Or Does It? – Implications of Achmea on Intra-EU Investment Arbitration in Light of Recent Case Law release_nuu2brtg3bbcpm2jbgzbqgtwwq

by Marek Anderle, Andrej Leontiev

Published in European Investment Law and Arbitration Review by Brill.

2021   p154-168


This article follows recent developments in the intra- EU investment arbitration case-law after the publication of the CJEU's judgment in <jats:italic>Slovak Republic v Achmea BV</jats:italic> (<jats:italic>Achmea</jats:italic> judgment) and the subsequent signing of the so-called 'Achmea declarations' on 15 and 16 January 2019 and the Agreement for the Termination of Bilateral Investment Treaties Between the EU Member States on 5 May 2020 (Termination Agreement). Although the decisions of investment tribunals analysed in this article show that all tribunals uniformly dismissed the jurisdictional objection of the respondent States based on the cjeu's conclusions in the <jats:italic>Achmea</jats:italic> judgment, this article explores the very different reasons adopted by the tribunals when doing so, and the potential challenges ahead, especially once the Termination Agreement enters into 'full' force. Based on different approaches taken by the tribunals with regard to the applicability of the <jats:italic>Achmea</jats:italic> judgment, this article addresses its implications separately for ect arbitrations, icsid arbitrations and bit arbitrations, while drawing attention to the important similarities and differences between the decisions.
In application/xml+jats format

Archived Files and Locations

application/pdf  190.9 kB
file_y62rugzsy5gnhfyn2y2foi27dy (publisher) (webarchive)
Read Archived PDF
Preserved and Accessible
Type  article-journal
Stage   published
Date   2021-12-20
Container Metadata
Not in DOAJ
In Keepers Registry
ISSN-L:  2468-7413
Work Entity
access all versions, variants, and formats of this works (eg, pre-prints)
Catalog Record
Revision: b7e93ff6-0b03-47b7-afde-7dae48b2d9ae